the vicinity in the recent past. If any inference may be made from the tape, that appears the most reasonable.
More to the point, the defense offered, and offers, no coherent factual theory for conspiratorial use of a later-recovered visor. Defendant himself testified, at both his trials, that the bubble shield introduced at trial bore his fingerprint because he pushed at it when it was thrust at him during the afternoon court session on November 3. The defense further presented testimony of an attorney trying another case on that day that a helmet with a bubble shield was brought into his courtroom during the afternoon session. But if, as defendant asserts, the tape shows that into the evening of November 3 the police were still looking for a bubble shield with which to frame him, how could they have already obtained his fingerprint on one at midafternoon?
Whether taken on its own, therefore, or viewed in the context of all the trial evidence, the tape had no tendency in reason (Evid. Code, § 210) to show a police conspiracy to manufacture evidence against defendant. For the same reason, the tape’s exclusion did not deprive defendant of his constitutional rights, and any error in excluding it would be considered harmless under any standard.
XIV. Denial of Continuance to Investigate New Trial Motion
Defendant repeats his earlier contention that the trial court improperly denied the defense a continuance to further investigate the police conspiracy theory for presentation in a new trial motion. We have already rejected that contention. (See ante, pt. III.D.) The defense was given more than two months after the penalty verdict to further investigate its theory. There was no indication that a further continuance of reasonable length would have allowed defense counsel to obtain the information they asserted they were still seeking. Denial of the continuance therefore was not an abuse of discretion and did not deprive